Sri.C.K.Sriram Prakash vs Munisiddappa
2024 Latest Caselaw 1396 Kant

Karnataka High Court

Sri.C.K.Sriram Prakash vs Munisiddappa on 16 January, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                   -1-
                                                                NC: 2024:KHC:1961
                                                             RSA No. 1124 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 16TH DAY OF JANUARY, 2024
                                                  BEFORE
                           THE HON'BLE MR JUSTICE RAVI V HOSMANI
                         REGULAR SECOND APPEAL NO.1124 OF 2014 (SP)

                   BETWEEN:


                         SRI C.K. SRIRAM PRAKASH,
                         S/O LATE C. KRISHNAIAH SHETTY,
                         AGED ABOUT 60 YEARS,
                         R/AT KONGADIYAPPA MAIN ROAD,
                         DODDABALLAPURA TOWN - 561 203.
                                                                    ...APPELLANT
                   [BY SRI PREETHAM KUMAR, ADVOCATE FOR
                       SRI V.F. KUMBAR, ADVOCATE (PH)]

                   AND:


                         MUNISIDDAPPA
                         SINCE DEAD BY HIS LRs.
                   1.    SRI ANJINAPPA,
                         S/O LATE MUNISIDDAPPA,
                         AGED ABOUT 49 YEARS,
                         R/AT HOSAHUDYA VILLAGE - 561 203,
Digitally signed by      DODDABALLAPUR TALUK,
GURURAJ D                BANGALORE RURAL DISTRICT.
Location: High
Court of Karnataka 2.    SRI C.V. GOPALAIAH,
                         S/O LATE VENKATAPPA,
                         AGED ABOUT 73 YEARS,
                         R/AT CHUNCHADENAHALLI,
                         ARABIC KOTHANOOR POST - 563 101,
                         KOLAR TALUK.

                   3.    SMT. PAPAMMA,
                         W/O LATE MUNISIDDAPPA,
                         AGED ABOUT 76 YEARS,
                                    -2-
                                                    NC: 2024:KHC:1961
                                                 RSA No. 1124 of 2014




4.   SMT. MUNIRATHNAMMA,
     D/O LATE MUNISIDDAPPA,
     AGED ABOUT 49 YEARS,
     BOTH RESPONDENTS NO.3 AND 4
     ARE RESIDING AT
     HOSAHUDYA VILLAGE - 561 203.
     KASABA HOBLI,
     DODDABALLAPUR TALUK.
                                                    ...RESPONDENTS

(RESPONDENTS NO.1 & 4 ARE SERVED & UNREPRESENTED;
 V/O DATED 26.02.2019, APPEAL AGAINST R2 & R3 IS ABATED)
      THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT    AND     DECREE     DATED      01.03.2014     PASSED    IN
R.A.NO.322/2010 ON THE FILE OF THE IV ADDL. DISTRICT AND
SESSIONS COURT, DODDABALLAPUR, BANGALORE RURAL DISTRICT,
BANGALORE, DISMISSING THE APPEAL AND FILED AGAINST THE
JUDGMENT    AND     DECREE     DATED      29.09.2010     PASSED    IN
O.S.NO.130/2005 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC,
DODDABALLAPURA.


      THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                            JUDGMENT

Learned counsel for appellant seeks time yet

again.

On perusal of order sheet, it is seen that as per

order dated 26.02.2019, appeal was d ismissed as

abated against respondents no.2 and 3.

Till date steps are not taken.

NC: 2024:KHC:1961

This is plaintiff's appeal, in suit for specific

performance of agreement of sale dated 20.09.2004.

As such, when appeal is d ismissed against some

defendants, it would not survive against others.

Hence, appeal is dismissed as abated.

Sd/-

JUDGE

GRD